US Code

Public Law 119-87 (04/30/2026)

28 U.S.C. § 2643

Relief

(a)
The Court of International Trade may enter a money judgment—
(1)
for or against the United States in any civil action commenced under section 1581 or 1582 of this title; and
(2)
section 1583 of this title for or against the United States or any other party in any counterclaim, cross-claim, or third-party action under .
(b)
If the Court of International Trade is unable to determine the correct decision on the basis of the evidence presented in any civil action, the court may order a retrial or rehearing for all purposes, or may order such further administrative or adjudicative procedures as the court considers necessary to enable it to reach the correct decision.
(c)
(1)
Except as provided in paragraphs (2), (3), (4), and (5) of this subsection, the Court of International Trade may, in addition to the orders specified in subsections (a) and (b) of this section, order any other form of relief that is appropriate in a civil action, including, but not limited to, declaratory judgments, orders of remand, injunctions, and writs of mandamus and prohibition.
(2)
The Court of International Trade may not grant an injunction or issue a writ of mandamus in any civil action commenced to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974, or any final determination of the Secretary of Commerce under section 251 or section 271 of such Act.
(3)
In any civil action involving an application for the issuance of an order directing the administering authority or the International Trade Commission to make confidential information available under section 777(c)(2) of the Tariff Act of 1930, the Court of International Trade may issue an order of disclosure only with respect to the information specified in such section.
(4)
section 1581(h) of this title In any civil action described in , the Court of International Trade may only order the appropriate declaratory relief.
(5)
In any civil action involving an antidumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(9) of the Tariff Act of 1930), as determined by the administering authority, the Court of International Trade may not order declaratory relief.
(d)
If a surety commences a civil action in the Court of International Trade, such surety shall recover only the amount of the liquidated duties, charges, or exactions paid on the entries included in such action. The excess amount of any recovery shall be paid to the importer of record.
(e)
In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.

Pub. L. 96–417, title III, § 30194 Stat. 1737 Pub. L. 98–573, title II, § 212(b)(6)98 Stat. 2984 Pub. L. 100–449, title IV, § 402(b)102 Stat. 1884 Pub. L. 103–182, title IV, § 414(b)107 Stat. 2147 Pub. L. 116–113, title IV, § 423(b)134 Stat. 66 (Added , , ; amended , , ; , , ; , , ; , , .)

Amendment of Section

section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

Section 2371 of Title 19Sections 223, 251, and 271 of the Trade Act of 1974, referred to in subsec. (c)(2), are classified to sections 2273, 2341, and 2371, respectively, of Title 19, Customs Duties. was omitted from the Code as terminated .

section 1677f(c)(2) of Title 19Section 777(c)(2) of the Tariff Act of 1930, referred to in subsec. (c)(3), is classified to .

section 1516a(f)(9) of Title 19Section 516A(f)(9) of the Tariff Act of 1930, referred to in subsec. (c)(5), is classified to .

section 1641 of Title 19Section 641 of the Tariff Act of 1930, referred to in subsec. (e), is classified to .

Amendments

Pub. L. 116–1132020—Subsec. (c)(5). substituted “section 516A(f)(9)” for “section 516A(f)(10)”.

Pub. L. 103–1821993—Subsec. (c)(5). substituted “merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930)” for “Canadian merchandise”.

Pub. L. 100–4491988—Subsec. (c). temporarily substituted “(4), and (5)” for “and (4)” in par. (1) and added par. (5). See Effective and Termination Dates of 1988 Amendment note below.

Pub. L. 98–5731984—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113section 1516a of Title 19section 432 of Pub. L. 116–113section 1516a of Title 19Amendment by effective on the date on which the USMCA enters into force (), but not applicable to certain determinations under , Customs Duties, or binational panel reviews under NAFTA, see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–182section 1516a(a)(2)(B)(vi) of Title 19section 416 of Pub. L. 103–182section 3431 of Title 19Amendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States [], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determination described in , notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced before such date, see , formerly set out as an Effective Date note under former .

Effective and Termination Dates of 1988 Amendment

Pub. L. 100–449Pub. L. 100–449section 2112 of Title 19Amendment by effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of , set out in a note under , Customs Duties.

Effective Date of 1984 Amendment

Pub. L. 98–573section 214(d) of Pub. L. 98–573section 1304 of Title 19Amendment by effective on close of 180th day after , see , set out as a note under , Customs Duties.

Effective Date

section 701(b)(1)(B) of Pub. L. 96–417section 251 of this titleSubsecs. (a) and (c)(2), (4) of this section applicable with respect to civil actions commenced on or after , see , set out as an Effective Date of 1980 Amendment note under .

Effect of Termination of USMCA Country Status

Pub. L. 116–113section 4601 of Title 19For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of , see , Customs Duties.